Here's the letter:

As litigation around the accident involving Flight 5191 continues, I want to make you aware of developments
related to Aviation Safety Action Program reports, better known as ASAP reports.
Late last year, plaintiffs’ attorneys in the Comair Flight 5191 case requested that Comair make ASAP reports
available as part of ongoing litigation. We sought a protective order, stating that producing these records would
undermine this important safety program. ASAP is designed to enhance safety by providing pilots a venue to
share concerns and information without fear of identification and/or retribution. Because ASAP requires
voluntary participation from the airline and its employees, confidentiality is an integral part of the program’s
ongoing viability.
Two different judges have since ruled that Comair must comply with the plaintiffs’ request. We have
thoroughly reviewed our legal options, and while we continue to negotiate, it appears likely our only option will
be producing ASAP reports specific to categories outlined in the litigation. While these reports only represent a
small percentage of our overall total, we are very concerned their release could be severely detrimental to the
future of the program. We have partnered with the Air Transport Association, Regional Airline Association,
Southwest Pilots Association and the Air Line Pilots Association to fight this decision.
While the legal process is highly technical and the specifics are difficult to explain in one written
communication, we want you — our pilots — to know that we are unified with your union and others
throughout the aviation industry in our opposition to producing these records. In the meantime, we want you
to understand that the program is basically unchanged. The benefits of submitting reports to enhance safety
at our airline and provide protection for your license are still intact.
One of the key concerns among our pilots is whether ASAP reports are identified or de-identified. Per the
current memorandum of understanding (MOU), the Event Review Committee reviews de-identified reports.
Identified ASAP reports remain on file for occasions when it becomes necessary to contact a pilot regarding
their particular event. Until the latest court ruling, these identified reports have always remained within the
secure confines of ASAP. We will evaluate amending the language of the MOU to address this concern.
Unfortunately, this topic could continue to generate media attention. Some of our legal opponents might also try
to suggest that our failure to comply indicates that we do not have safety as our primary concern, when in fact,
the opposite is true.
We will continue to pursue every legal avenue to preserve the principles of ASAP. I understand and share your
concerns — and the concerns of the entire aviation industry — over what this decision will mean to the
program. I will continue to keep you updated on significant developments.